Laserfiche WebLink
Page 3 <br />or storage. The primary types of dwellings proposed fall within the classification of <br />recreational vehicles, to which the State Building Code does not apply. Two other options <br />exist, however, for these types of dwellings. If these structures represent a pre -fabricated <br />home, the federal building code requirements for manufactured homes apply (as stated in <br />Minnesota Rules, Chapter 1360). If these structures are modular homes, on the other hand, <br />they must be constructed consistent with the State Building Code (as stated in Minnesota <br />Rules, Chapter 1361). <br />The law specifically limits the time frame for these temporary dwellings permits to 6 <br />months, with a one-time 6 month renewal option. Further, there can be only one dwelling <br />per lot and only one dweller who resides within the temporary dwelling <br />D. Revocation <br />The statute allows for the city to require the permit holder to provide evidence of compliance <br />and also authorizes the city to inspect the temporary dwelling at times convenient to the <br />caregiver to determine compliance. The permit holder then has sixty (60) days from the date <br />of revocation to remove the temporary family health care dwelling. The law does not address <br />appeals of a revocation. <br />3. IMPLICATIONS FOR THE CITY <br />The law requires cities to follow and implement the new temporary family health care dwelling <br />law beginning September 1, 2016. Cities will need to be prepared to accept applications, must <br />have determined a permit fee amount (if the city wants to have an amount different than the law's <br />default amount), and must be ready to process the permits in accordance with the short timeline <br />required by the law. <br />Cities may opt out of the new law. The new law alters a City's level of zoning authority for these <br />types of structures, especially with provisions where accessory structure or recreational vehicle <br />ordinances do not apply. City's ordinances are wade to preserve a neighborhood's character. This <br />new law would allow this type of structure in all zoning districts, even those that would not allow <br />them. The City does allow similar structures within the City Code, which are accessory dwelling <br />units and accessory apartments. These uses have their own performance standards and are accessory <br />uses in the rural areas of the City. The City has also made special provisions for these types of uses <br />if a special situation arises and is open to working with residents if they have a request for a similar <br />use. <br />Other considerations should be the permitting process and enforcement after the permit period has <br />expired. As stated before, a new permitting process will have to be considered, as these <br />requirements differ from standard application review requirements. This will take a considerable <br />amount of staff time, which all needs to be completed before September 1, 2016. If the City were to <br />move forward with this process, there would need to be staff time devoted to tracking approved <br />permits and approving renewals at the six month mark. Once a one year period has expired, staff <br />would then need to begin a monitoring process to ensure the temporary health care dwelling was <br />removed from the property. Staff believes this process may be difficult because even though a <br />3 <br />